A.Chandrasekaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Chandrasekaran, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Deputy Superintendent of Police,Vigilance and Anti-Corruption Theni District.
Crime No.3 of 2024..
... Respondent/Complainant For Petitioner : Mr.S. Manojkumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.3 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 25.09.2024 for the offences punishable under Section 7 of PC Act, 1988 (Amendment) Act, 2018 (*)in Crime No.3 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner, who is working as Panchayat Secretary, received a sum of Rs.8,000/- as bribe for name transfer of property. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegation in this case that the petitioner was caught red handed while demanding and accepting a bribe of Rs.8000/- and considering the fact that he is in judicial custody from 25/9/2024, I am inclined to enlarge the petitioner on bail.
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5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge for Prevention of Corruption and Vigilance (Chief Judicial Magistrate), Theni.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with 3/5
law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Since it is a trap case 50% of the investigation is over at the time of setting out the trap itself, the respondent police shall file Final Report as expeditiously as possible.
sd/- 23/10/2024 (*)CORRECTED AS PER ORDER OF THE COURT DATED 24.10.2024 IN CRL OP(MD) NO.18233 OF 2024 / TRUE COPY / 24/10/2024 Sub-Assistant Registrar (PA-I/AD-I) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO (*)TO BE SUBSTITUTED WITH THE ORDER DATED 23/10/2024 ALREADY DESPATCHED 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION AND VIGILANCE(CHIEF JUDICIAL MAGISTRATE), THENI. THE OFFICER INCHARGE, DISTRICT PRISON, THENI.
3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18233 of 2024 Date :23/10/2024 SS/SAR- /23/10/2024/ 5P/5C RK/ 24.10.2024 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5